Treaty negotiators vow to intensify work after making ‘further progress’ in Brussels meeting

Negotiators for a UK/EU treaty on Gibraltar signalled “further progress” toward agreement after a high-level political meeting in Brussels on Thursday, vowing to intensify their work in the coming weeks to finally secure a deal three years in the making.

There had been mixed signals about the state of the negotiation ahead of Thursday’s meeting, which followed weeks of technical talks behind the scenes.

Hopes that a deal might be close were tempered with reminders of firm red lines on all sides, leaving no doubt as to the complexity of the negotiation and the real risk it could fall apart in the final stage.

Anyone expecting a breakthrough on Thursday would have been disappointed, but sources in all camps were agreed the negotiation was edging forward positively, if slowly.

Thursday’s meeting was hosted by EU Commissioner Maroš Šefčovič, who has led the negotiation for the European Commission from the outset. Despite concerns that he would move on after the June EU election, the Commission this week confirmed Mr Šefčovič would retain the role, ensuring continuity in the Gibraltar negotiation.

In the room with Mr Šefčovič were UK Foreign Secretary David Lammy, his Spanish counterpart Jose Manuel Albares, and Chief Minister Fabian Picardo, as well as their respective negotiating teams.

The meeting in the Commission’s Berlaymont building in Brussels started at 10.30am and went on until just after 2pm.

Both sides convened separately before it began, each sending a message that they were aligned in presenting their respective stance the negotiation. Mr Lammy and Mr Picardo met in the UK embassy, while Mr Albares and Mr Šefčovič met in the Berlaymont building itself.

This was the third meeting at political level – similar meetings were held in April and May this year - and the first one in this format under the new UK Government.

“Building on significant progress of 12 April and 16 May, today's discussions were constructive and productive, resulting in further progress on the complex issues of negotiations, namely in the area of people and goods,” the four parties said in a joint statement.

“The meeting reaffirmed their shared commitment to concluding an EU-UK Agreement to bring confidence, legal certainty, and stability to the people of the whole region, while safeguarding all parties' legal positions.”

“They all agreed to remain in constant contact, with teams to work closely and intensively on outstanding areas.”

Mr Albares was the only one to address reporters after the meeting concluded at 2.30pm.

“We have made progress on fundamental aspects, the freedom of movement of people and goods,” Mr Albares told reporters.

“There is still technical work to do on very practical aspects.”

“We have agreed to continue working and redouble our efforts in the coming weeks to be able to conclude this agreement as soon as possible once and for all.”

Spain, he insisted, was approaching the negotiation with a “totally constructive” attitude and was “totally in favour” of reaching agreement.

“We are making clear that we believe it will be beneficial for Gibraltar and for the 300,000 Andalusians in the Campo de Gibraltar that there be freedom of movement of people and goods,” he said.

“But at the same time, we need to guarantee that the controls in the Schengen space in respect of people, and in the Customs Union for goods, are respected and applied exactly in the same way as in the rest of the Schengen zone and the Customs Union.”

Mr Albares said all sides had agreed to not comment publicly on the detail of the negotiation “because nothing is agreed until everything is agreed”.

The thorny issue of how Schengen controls will be implemented in practice was one of the key topics on the negotiating table on Thursday.

Spain wants its armed uniformed officers to be present in Gibraltar, something the Gibraltar and UK governments have ruled out.

There are likewise still issues to resolve in respect of the movement of goods and these were also discussed during the Brussels meeting, including how customs controls would be conducted and how goods would be taxed.

Despite the absence of detail, Thursday’s discussion appears to have cleared the way for further technical work toward viable practical solutions that do not cross any of the parties’ red lines.

There is no guarantee that agreement will be reached, but all sides remain at the table and committed to doing what they can to get a deal over the line.

There is no deadline either, although the prospect of the imminent introduction of automation at EU borders brings some urgency to the talks amid fears it could lead to severe disruption at the Gibraltar/Spain frontier.

The EU’s new Entry/Exit System is due to come into operation on November 10, though there were indications this week that it may be delayed once again. If that happens, it could offer negotiators some respite as they continue their work.

“I am as excited to see where we have progressed and the potential for agreement, as I am concerned about what we still have left to agree and the potential for ‘no deal’,” the Chief Minister told the Chronicle after the meeting.

Mr Šefčovič posted on social media after the meeting and said negotiating teams were working "closely and intensively" on outstanding areas.

With 🇪🇸 @jmalbares, 🇬🇧 @DavidLammy, 🇬🇮 @FabianPicardo, we met to advance our work towards concluding an EU-UK Agreement on Gibraltar.

We remain in constant contact, with teams to work closely and intensively on outstanding areas.

Our joint statement 👉 https://t.co/xqdAt5iwrX. pic.twitter.com/zvoHhOwNN8

— Maroš Šefčovič🇪🇺 (@MarosSefcovic) September 19, 2024

Mr Lammy also posted on X.

The UK is committed to concluding a UK-EU treaty which secures the economic future of Gibraltar and the region and protects sovereignty.

Alongside Chief Minister @FabianPicardo, I had constructive talks with @MarosSefcovic and @jmalbares to move us closer to an agreement.…

— David Lammy (@DavidLammy) September 19, 2024

The UK and Gibraltar want an agreement that protects British sovereignty and UK military autonomy, while securing prosperity for Gibraltar and the Campo region.

Over the past week, the UK Government has publicly reaffirmed its double-lock sovereignty commitment to the people of Gibraltar, making clear it will not agree to a treaty unless Gibraltar is content.

Last weekend, the Foreign, Commonwealth and Development Office also made clear too that the UK would not negotiate in respect of Gibraltar unless the Government of Gibraltar was present.

On Thursday, Mr Albares also took to social media after the meeting, and his post on X offered a visual reminder of how, even if the talks were progressing in the right direction, some ingrained Spanish attitudes would be hard to shift.

The Spanish Foreign Minister chose a pooled photo of the meeting in which Mr Picardo was obscured by Mr Lammy, and referred only to the UK Foreign Secretary and the Commission’s Mr Šefčovič, with no mention of Mr Picardo.

Me he reunido con @MarosSefcovic y @DavidLammy para seguir avanzando en el Acuerdo UE-Reino Unido en relación a Gibraltar, en particular en las cuestiones sobre personas y bienes.

Seguiremos trabajando de forma estrecha e intensa en todas las cuestiones pendientes. pic.twitter.com/PG1uevIckm

— José Manuel Albares (@jmalbares) September 19, 2024

And outside the Berlaymont building, there was a reminder too that the Gibraltar negotiation is unfolding against a much broader international backdrop, and while it is critical to Gibraltar and the Campo, it is often overshadowed by other pressing issues.

After his brief statement on the negotiation, Mr Albares took a battery of questions on Venezuela but not one on Gibraltar, before slipping away to his next appointment.

OPPOSITION REACTION

The developments in Brussels were being closely monitored by the Opposition in Gibraltar.

“This is now the third time that in a short period of months Foreign Secretaries meet with the Chief Minister on
a possible treaty,” Keith Azopardi, the Leader of the Opposition, told the Chronicle.

“This inevitably creates expectations of a conclusion which, so far, hasn’t materialised.” “While continued meetings is positive and to be preferred over a collapse to the talks many people will be frustrated at the resulting lack of certainty and effect on people’s lives on the ground.”

“It is disappointing to many people that we are still here - eight years after Brexit and 12 months after Mr Picardo told people he was 0.01% away from an agreement.”